05/20/85 City Council Minutes318
THE REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:30 P.M. MONDAY MAY 202
1985, IN THE COUNCIL CHAMBERS AT CITY HALL. MAYOR McDOWELL PRESIDED. COUNCILMAN RUIZ
WAS ABSENT. ALL OTHER COUNCILMEN PRESENT.
APPROVE MINUTES
Councilman Nystul moved the minutes of the regular' meeting of May 6, 1985 be approved
as presented. Councilman Palmer seconded and the motion carried.
No bids were. received.
PUBLIC HEARING - 1984 Sidewalk and Curb Assessments.
There were no proponents or opponents responding at this hearing.
CITY OFFICIAL REPORTS
Treasurer's Report (April)
Police Chief "
City Judge "
Building Official "
Councilman Grainger moved the City Official Reports for April be approved as presented.
ADDRESSINGLTHE COUNCIL
Councilman Springer recognized two Boy Scouts in the audience who introduced
themselves -Hanson and Charbonneau-and said they were attending the meeting to satisfy
requirements for the Communications Merit Badge.
COMMITTEE REPORTS:
STREET & ALLEY
Councilman Palmer reported the Street & Alley and Sewer & Water Committees recommend
the Fifth Avenue West project be done in the following manner. The area from the High
School south to the Sewage Treatment Plant would be the first phase of the project,
with bid letting to be done around August 1985. The northern part of Fifth Avenue,
from the High School to Center Street, would be let this fall with construction to
start in early spring. Center Street would be done immediately. The Sewer Line on
First Alley West would commence when the camera shot information is available.
Councilman Palmer moved and Councilman Schindler seconded a temporary barricade be
placed on Park Place to close that street, not a through street, a dead end. Motion
carried.
Councilman Palmer moved and Councilman Nystul seconded the Street & Alley and Sewer &
Water Committees be given power to act on contracting for engineering for the Fifth
Ave. West, Center Street and First Alley West projects.
The Committee awarded the asphalt bid to the low bidder, American Asphalt and the
Sidewalk and Curb Bids to Marriott Construction.
Councilman Palmer scheduled a Street and Alley Committee meeting for Thursday May 23,
1985 at 4:00 P.M.
SAFETY - no report
PARKS
Tennis Contract
Councilman Manning moved the Mayor be authorized to sign an agreement with Mark Allen
to run the City's Summer Tennis Program. Councilman Nystul seconded and the motion
carried.
District 5 Land Exchange
The Committee met this afternoon and discussed the proposal from the school district
for the swapping of approximately three acres near Peterson School_ for approximately
seven acres on South Woodland Drive.
Councilman Manning moved the Parks Committee meet with School District #5 and negotiate
an agreement and bring it back to the Council. Councilman Nystul seconded and the
motion carried.
Legion Baseball
FRDO is compiling recommendations and should have them done later this week.
Councilman Manning called fora Parks: Committee meeting Tuesday May 28, 1985 at 4:00
P.M.
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Councilman Manning reported the committee requested the, City .Attorney ,"draft a
resolution' concerning, the setting of value for payment in lieu of Park Lands and so
;;moved. Councilman Springer seconded. After some discussion the, motion carried:.
:Councilman Manning suggested:a Board be established to review :Art proposed;to be
displayed in parks"and.other public places. The Council discussed".th,e proposal and
Councilman Manning agreed.. to work with the City Attorney to draft a resolution to set
up a review committee and moved the City Attorneyl.draft the resolution. Councilman
Saverud, seconded and the motion carried.
There will be a public meeting held by the,Friends.of" Lawrence Park at the Central
Christian Church at 7:30 Tuesday, May 21, 1985.
CITY DEVELOPMENT
Councilman Saverud reported the Montana Certified Cities .Program is part of the,"Build
;Montana program and" went on to explain the program. The-Ialispell Development
.Corporation and the Kalispell Chamber of Commerce wiil:"do,.all' the work to get the city
certified.'
He also reported the Official Groundbreaking for the;Mall was held this.morning.
EMPLOYMENT
.Councilman Grainger reported there will be negotiation session immediately following
this meeting.
.Ordinance 1060
.Councilman Grainger read Ordinance #106O,,an ordinance amending the Ward Boundaries of
the City of' Kalispell and so moved. Councilman Saverud seconded and the motion
'carried upon roll call vote.
.;FINANCE - no report
;!SEWER & WATER
::Councilman Nystul reported the city is in the process of advertising.for a City
Water/Wastewater Superintendent and asked if anyone had any suggestions.on this.
The City will respond on Wednesday to the Water Quality Bureau of the Department of
Health and ,Environmental Sciences regarding the .discharge permit criteria"for the
Wastewater'Treatment Plant.
;The Chief Operator has found sufficient storage space.for sludge for`the moment and the
:.City is working -on permits for agricultural application.
ANNEXATION
.Second Reading - Financial Services Zone Change Request
Councilman Manning ,read. Ordinance #1058, an ordinance .chang ng.the zoning from B-1 to
..B-3 and so moved. Councilman Nystul seconded and the motion carried upon roll call:
vote.
.Councilman Saverrud requested the list of compelling reasons for the zone change be
provided to the Clerk for insertion in the minutes of this meeting. Councilman Manning
Wand the City Attorney prepared the following report for:the minutes:
Ordinance #1058.."approving the zone change request was at variance with Staff
Report No. K2C-85-1! aid.the Staff Report of the City Administrators, primarily
because of non-compliance with the Kalispell Area Comprehensive Plan.
However, the Council; believes that there are compelling reasons to grant the,
zone change. The reasons therefore are hereinafter set forth as follows,:
1). The Comprehensive Plan designation for the area involved is High Density
Residential. A General Business (B-3) designation for the area, although not
in accordance with the Comprehensive Plan, is acceptable because a) the area
is. fronted on two sides by major arterial streets (U. S. Hwy #93 and
Meridian), b) it is buffered from Residential Zone's to the west by a
Neighborhood Professional Business (B-2) Zone, c) the general character of
land in the area is of such a nature to make High Density Residential uses
inappropriate, d) area to the south is used as commercial and industrial
property. e) all City services necessary to preseve the health, safety and
welfare of the City of Kalispell are available to the area and proper
submittal of site plans and improvement drawings :to various City Departments
for' their advice will eliminate potential pr-oblems with traffic, f)
development of the property as commercial will eliminate' potential problems
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with t r'a f. fi, 0 P) development of the -property as commercial will eliminate an
unsightly situation (Vacant 'lot. ":with --weeds) from the area which lies on -a
major app--rio�ch: to the City of'Kali8pell, as -well as eliminate a potential-.
grass fire:hazard,- g)' the zoning
ing of the property as General Business (B-3)
will not result`in-an overcrowding, of land or,inarease permanent population`in
the area providddail bulk and dir6ensional requirements are bet, h') the'alrea
of. the zone change.:
_,i6:properly buffered from 'residential property in the area
property immediately d'
and wil-1,not :negatively affect the y i ediatel: y adjacent to the Lots
1 and 2 of Halls Addition No. 92,:: and 1Y the zone change to General Business
(B-3) in the opinion of the City Council is in the:best.interest of the City
of Kalispell and all of its inhabitants.
Second Reading;-' Zoning Ordinance Amendments, Sections5.06-5.08
Councilman Manning:read Ordinance''41059 and so movedi:Councilman Nystul seconded.
Councilman Say.erud reported Ross Plahbeck had presented- some questions, the C6mmittee
should .colisid6r'and �.SUggestect the Second Reading be tabled. Councilman Nystul withdrew
his' second; Coundil'inan.!-Saverud moved the"Second Reading be tabled until'the next
council meeting. Councilman Schindler' seconded and the motion carried.
Resolution 3586
Councilman :Manning, read Resolutio:n.::,#3586, a resolution :of intent to annex some
wholly surrounded,lands,known-as Northern Lights Addition!#182 and so moved.
COun!cilman.Nyst'ul'secondbd-and themotioncarried upon roll call vote.
Resolution 3585
Councilman.Manning.r.ead Resolution #35.85, a resolution of intent to annex th6 Stebbins. .
.Addition. -No. 178 and so moved. Co`uncilman Nystul seconded .and -the motion'carridd—uppn
roll call vote.
MISCELLANEOUS
Resolution 3568�
Councilman Nystul moved for final adoption of Resolution #3568, a resolution levying
the 1984 Sidewalk and Curb Asse6sments. Councilman Schindler seconded and the motion
carried upon rollcall--vote.,
Resignation of Lauren Granmo/Board of Directors Co. Solid Waste Dept.
The..:Mayor reported he had a letter from Laureh Granmol resigning :from the Board of
.:Directors of the Flathead:.County Solid Waste Depaftment effective May 15, 1985' The
Mayor said he had done an outstanding job on the Committoe; 'The Mayor Will be: looking
for a replacement and asked that anyiv6lunteers contact him..
The Mayor announced."there will b&a:::t0etihg to discuss licensing and taxation of Video
poker machines,May,21, 1985 at 7:30:: P.M. at the County Commissioners-offiee.. He
requested the Clerk and'City Attorney attend.
Councilman Grainger ,:moved ;the licensing bonds foundain order by the City Attorney be
approved. Councilman Sch:.Ihdibr seconded and'.the motion carried.
Upon motion of Councilman Grainger the meeting was adjourned at 8:13 P.M.
Approved as pre-gentpd.june 3, 1985
.---CeRo E. McDowe r
ATTEST:
Don Halver, Clerk/Treasurer
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